Raj Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22693 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raj Kumar Pandey Son of Surendra Pandey Resident of village - Gaira, Police Station - Kotwa, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Laxmi Kant, S/o- Surendra Ojha, Village Gaira, P.S. Kotwa, DistrictEast Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. R.S.Choudhary(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-01-2016 Heard learned counsel for the petitioner and learned counsel for the Opposite party No. 2.

The petitioner apprehends his arrest in connection with Kotwa P.S. Case No. 18 of 2015 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. Earlier notices were issued to the opposite party no. 2 and the case diary has also been called for.

Learned counsel for the petitioner submits that the petitioner and the opposite party no. 2 had a partnership business involving sale and purchase of Cows. It is further submitted that during the course of such transactions i.e. since 2010 to the date of filing of the present case, the relationship between the petitioner

and the opposite party became sour. It is submitted that since difference arose, opposite party no. 2 taking advantage of being in possession of certain cheques used them against the petitioner alleging that he had given certain cheques which bounced due to insufficient funds. Hence, the consideration amount for the cattle, which had been purchased by the petitioner, remained unpaid. Learned counsel for the opposite party no. 2 opposes the said contention of the petitioner stating that the opposite party no. 2 has invested the amount in his cattle business and has been seriously prejudiced by the fraudulent act of the petitioner and therefore, he may not be extended the privilege of pre-arrest bail.

Considering the rival contentions of the parties and also the materials available on record, this court feels that it is a dispute arising out of a business transaction which may be resolved by a Court in appropriate proceeding. As such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari in connection with Kotwa P.S. Case No.

under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) Jagdish/- U T